AIR 2014 SUPREME COURT 2210 ::2014 (3) AIR Kant HCR 573 ::(2014) 2 CLR 198 (SC) ::(2014) 2 WLC(SC)CVL 206 ::(2014) 3 CivilCourtC 685 ::(2014) 3 RecCivR 898 ::(2014) 7 Scale 536 ::(2014) 3 CurCC 1 ::(2014) 3 CalLT 1 ::(2014) 107 All LR 18 ::(2014) 5 All WC 4486 ::(2014) 5 Mad LJ 90 ::(2014) 3 Kant LJ 290 ::(2014) 4 KCCR 3667 ::(2014) 142 AllIndCas 21 (SC) ::2014 (15) SCC 360

Supreme Court Of India

Hon'ble Judge(s): A. K. Patnaik, Jagdish Singh Khehar , JJ

(A) Patents Act (39 of 1970) , S.64, S.25(2)— Revocation of patent - Person interested who has filed notice of opposition to grant of patent - Cannot file petition for revocation of patent under S. 64 or even counter-claim to infringement suit - Two remedies are granted as person who was not interested person at time of grant may become interested subsequently. Section 64 is prefaced by the words 'Subject to the provisions contained in this Act,.....'. And not by the words, 'Without prejudice to the provisions contained in this Act.....', or 'Notwithstanding the provisions contained in this Act...'. The words with which the legislature has prefaced Section 64, necessarily lead to the inference, that the provisions contained in Section 64 are subservient to all the other provisions contained in the Patents Act. This exordium to Section 64 of the Patents Act mandates, that the directive contained in Section 64, would be subservient and deferential, to the other provisions of the Patents Act. Stated simply, if there is any provision under the Patents Act, which is in conflict with the mandate contained in Section 64, Section 64 of the Patents Act would stand eclipsed, and the other provision(s), would govern the field under reference. If any proceedings have been initiated by 'any person interested', under Section 25(2) of the Patents Act opposition to grant of....